Group appeals downtown town house project in Superior Court

Conceptual drawings are shown of the downtown town homes that are slated for construction at 313 E. Front St. Petitioners are appealing the decision.

Contributed photo

By By Eddie Fitzgerald, Sun Journal Staff

Published: Friday, July 26, 2013 at 04:26 PM.

A decision by the New Bern Historic Preservation Commission and New Bern Board of Adjustment to grant demolition of property and construction of a townhouse development at 313 E. Front St. is being appealed in Craven County Superior Court.

Six people are petitioning the court to conduct a judicial review of decisions made by the two city boards to allow demolition on the site and construction of the townhouses.

The six petitioners are Amanda Johnson, Judy Harkin, Lorelei Schaffhausen, Nancy Hollows, Micoletta Ingianni and Marorie Preis. Robin Currin, a land use attorney in Raleigh, is representing them.

The appeal stems from proceedings by the New Bern Historic Preservation Commission on Nov. 28, 2012, Dec. 12, 2012 and Jan. 9, 2013 while considering a request for a Certificate of Appropriateness allowing demolition and new construction of the townhouse development.

This year a small office on the property was demolished to make way for four townhouses on an 11,000 square foot lot.

The New Bern Historic Preservation Commission approved the Certificate of Appropriateness Jan. 9.; and it was issued Jan. 11, allowing demolition of the old law office and redevelopment of four attached single family townhouses.

The petitioners are contending they filed a timely appeal of the decision of the New Bern Historic Preservation Commission to the Board of Adjustment. The Board of Adjustment held a hearing on June 3 and affirmed the HPC decision to grant the COA.

A decision by the New Bern Historic Preservation Commission and New Bern Board of Adjustment to grant demolition of property and construction of a townhouse development at 313 E. Front St. is being appealed in Craven County Superior Court.

Six people are petitioning the court to conduct a judicial review of decisions made by the two city boards to allow demolition on the site and construction of the townhouses.

The six petitioners are Amanda Johnson, Judy Harkin, Lorelei Schaffhausen, Nancy Hollows, Micoletta Ingianni and Marorie Preis. Robin Currin, a land use attorney in Raleigh, is representing them.

The appeal stems from proceedings by the New Bern Historic Preservation Commission on Nov. 28, 2012, Dec. 12, 2012 and Jan. 9, 2013 while considering a request for a Certificate of Appropriateness allowing demolition and new construction of the townhouse development.

This year a small office on the property was demolished to make way for four townhouses on an 11,000 square foot lot.

The New Bern Historic Preservation Commission approved the Certificate of Appropriateness Jan. 9.; and it was issued Jan. 11, allowing demolition of the old law office and redevelopment of four attached single family townhouses.

The petitioners are contending they filed a timely appeal of the decision of the New Bern Historic Preservation Commission to the Board of Adjustment. The Board of Adjustment held a hearing on June 3 and affirmed the HPC decision to grant the COA.

On Tuesday, the petitions’ attorney filed a writ of certiorari challenging the city, the owners of the proposed townhouses (313 East Front Street LLC) and Sarah Afflerbach, architect of the townhouse project and chairman of the Board of Adjustment.

A writ of certiorari is an order a higher court issues to review the decision and proceedings in a lower court, in this case the New Bern Board of Adjustment.

Afflerbach removed herself from the Board of Adjustment when the townhouse project was being discussed and voted on.

The 313 East Front Street LLC members are John and Susie Ward, Clark Wright Jr., Scott Davis and Robert Edwards.

Davis is also the city attorney. In the application for the certificate of appropriateness, it was stated Davis did not represent the LLC or the city in the townhouse project. Davis, who is also attorney for the Board of Adjustment, had to excuse himself from the board during the townhouse decisions.

According to the writ, Afflerbach presented the Certificate of Appropriateness to the Historic Preservation Commission on Nov. 12, 2012.

Plans were attached to the COA but “failed to include many required application elements and components per the Land Use Ordinance, the city of New Bern Historic District guidelines and Handbook… and the Rules of Procedure for the New Bern HPC,” the writ says.

Some of those required elements and components, including driveway and roof materials and dimensions for doors, windows and the rooftop gazebo, were not submitted to the HPC, the writ contends.

Other elements and components not included in the COA application were later presented to the HPC at subsequent hearings, the writ says.

Petitioners are challenging the city for not following procedures to notify the public of the meetings about the townhouse, not giving adequate notice about the proposed project to nearby property owners, and not following procedures or following rules of the Land Use Ordinance.

The New Bern’s city manager, director of Development Services and the petitioners’ attorney could not be reached for comment.

According to the writ of certiorari, Johnson, a petitioner who owns property located at 205 Broad St. that is adjacent to the proposed townhouses, said the townhouses would diminish the value of her property and result in a loss of enjoyment. She said the townhouses would impact her property “with increased traffic, loss of privacy, increased noise, interference with the light and air, adverse visual impacts and adverse impact on aesthetics.” Her property is in the historic district.

The other petitioners basically cited the same.

Harkin, who lives at 519 Johnson St. in the historic district, four blocks from the proposed townhouses, said in her petition, “The approval and issuance of the COA is inconsistent with the purpose of the historic district and causes a deterioration of the integrity of the district as a whole.” It would also cause a loss of enjoyment and value to her property, the petition says.

Schaffhausen, who lives at 511 Metcalf St., five blocks from the proposed townhouses, cited the same reasons as Harkin.

Hollows, who lives at 4438 Rivershore Drive and owns property at 519 Metcalf St., 622 and 624-628 Hancock St. and 413 Queen St.; Ingianni of 210 New St., a block from the proposed townhouses, with property at 515 Queen St. and 800 Howard St.; and Preis of 1203 National Ave. who owns property at 1511 N. Pasteur St., all petitioned on the same grounds.

According to the clerk of court, no date has been set for the appeals hearing in Superior Court.

Eddie Fitzgerald can be reached at 252-635-5675 or at eddie.fitzgerald@newbernsj.com. Follow him on Twitter @staffwriter3.